McFarland v Jail Administrator Shane Davis et al
Plaintiff: Jeremy McFarland
Defendant: Jail Administrator Shane Davis, Sergeant Mercedes Anderson and Dr. Darrell Elkins
Case Number: 2:2023cv02046
Filed: March 31, 2023
Court: U.S. District Court for the Western District of Arkansas
Presiding Judge: Mark E Ford
Referring Judge: P K Holmes
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 16, 2023 Filing 12 Mail Returned as Undeliverable marked Cummins. Mail originally sent to Jeremy McFarland at ADC Ouchita River Unit PO Box 1630 Malvern, AR. 72104 including #11 Report and Recommendations. Resent to Cummins. (jlm)
May 9, 2023 Filing 11 REPORT AND RECOMMENDATIONS re #1 Complaint Referred (42:1983) filed by Jeremy McFarland. Objections to R&R due by 5/26/2023. Signed by Honorable Mark E. Ford on May 9, 2023. (jlm)
April 17, 2023 Filing 10 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to File an Amended Complaint -- signed and dated -- by April 14, 2023. This Order was not returned as undeliverable. Plaintiff did not respond. Plaintiff is given 21 days to show cause why he failed to obey the Order of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by 5/8/2023. Signed by Honorable Mark E. Ford on April 17, 2023. (ksb)
April 17, 2023 Filing 9 NOTICE of Change of Address for Jeremy McFarland. There are no documents to resend. (jlm)
April 12, 2023 Filing 8 TEXT ONLY ORDER denying #7 Motion to Appoint Counsel. A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action, but the Court may appoint counsel at its discretion. 28 U.S.C. 1915(e)(1). The Court has considered the need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual and legal complexity of the case, and whether Plaintiff has the ability to investigate and present this case. In considering these factors, the Court finds that the claims do not appear legally or factually complex, and Plaintiff is adequately prosecuting this case at this time. The Court finds Plaintiff is capable of prosecuting his claims without appointed counsel. The Court has directed Plaintiff to submit a signed and dated Complaint by April 14, 2023. (ECF No. 6). The Court finds that appointment of counsel is not necessary for Plaintiff to comply with this Order. At a later stage in the case, Plaintiff may again request appointment of counsel if Plaintiff believes the circumstances justify such an appointment Signed by Honorable Mark E. Ford on April 12, 2023.(ksb)
April 6, 2023 Filing 7 MOTION to Appoint Counsel by Jeremy McFarland. Motions referred to Mark E. Ford.(jlm)
March 31, 2023 Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. The Federal Rules of Civil Procedure require pleadings to be signed and dated by a party or the attorney representing that party. Pursuant to Rule 11: [t]he court must strike an unsigned paper unless the omission is promptly corrected after being called to the attention of an attorney or party. Accordingly, the Clerk is DIRECTED to return a copy of the Complaint to the Plaintiff for his signature. Plaintiff is DIRECTED to sign and date the complaint and return it to the Court within 14 days from the entry of this order. The case shall be subject to dismissal if the Plaintiff fails to return the dated and signed complaint to the Court by the deadline. CLERK TO FOLLOW UP Amended Complaint due by 4/14/2023. Signed by Honorable Mark E. Ford on March 31, 2023. (klk)
March 31, 2023 Filing 5 Magistrate Notice/Consent Form (tmc)
March 31, 2023 Filing 4 CLERK'S ORDER re PLRA Initial Fee directing Scott County Detention Center to collect from petitioner's prison account an initial partial filing fee of $10.86; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $ 350.00 filing fee is paid in full (cc: Scott County Detention Center). (tmc) Modified on 3/31/2023 (tmc).
March 31, 2023 Opinion or Order Filing 3 ORDER granting #2 Motion for Leave to Proceed in forma pauperis (42:1983). Pursuant to the provisions of the Prisoner Litigation Reform Act, the Clerk is directed to collect the filing fee from the Plaintiff.Plaintiff is advised that he is required to immediately inform the Court of any change of address. If Plaintiff is transferred to another jail or prison or released, he shall have 30 days from the date of transfer or release in which to notify the Court of the new address. Plaintiff shall submit a change of address on a separate piece of paper entitled Notice to the Court of Change of Address and not include any motions or otherwise request relief in this document. The notice shall contain only information pertaining to the address change. The case will be subject to dismissal if Plaintiff fails to inform the Court of an address change. The Clerk is directed to collect the filing fee in the amount of $ 350.00. Signed by Honorable Mark E. Ford on March 31, 2023. (tmc)
March 31, 2023 Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Jeremy McFarland. Motions referred to Mark E. Ford.(tmc)
March 31, 2023 Filing 1 COMPLAINT REFERRED (42:1983) against Mercedes Anderson, Shane Davis, Darrell Elkins, filed by Jeremy McFarland.(tmc)

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Plaintiff: Jeremy McFarland
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Defendant: Jail Administrator Shane Davis
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Defendant: Sergeant Mercedes Anderson
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Defendant: Dr. Darrell Elkins
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